BALJIT SINGH Vs. RAMPHAL

JUDGEMENT

(1.) Challenge in the present revision petition is to the order passed by the learned Executing Court on 10.9.2009, whereby the objections filed by Respondent No. 2-Bank have been allowed and it was ordered that by virtue of the doctrine of subrogation, the decree holder would repay the mortgage money, who in his turn can get the same from principal debtor.

(2.) The Plaintiff-Petitioner filed a suit for specific performance of the agreement to sell dated 12.1.1999 entered with Defendant No. 1 in respect of the land measuring 8 kanals. Such suit was decreed by the learned trial Court on 1.2.2006. Operative part of the judgment of the trial Court reads as under:

(3.) In the execution of the said decree, the Petitioner deposited the balance consideration with the Bank. Thereafter, the sale deed was executed in his favour.